NJFOG has been very busy! Here are some of the things we’ve been doing:

NJFOG issued position statements on several bills pending in the 2016-17 New Jersey Legislative Session, including a bill (S2855/A4429) that would affect how public notices are advertised, a bill (A4532/S3049) that could undermine the fee-shifting provision in OPRA by allowing a “good faith” defense to a records denial, and a bill (A4243/S3155) that improves disclosure of whistleblower lawsuits. For more detail about these bills and NJFOG commentary, click the links in this paragraph.

In 2016 and 2017, NJFOG wrote to the State’s Records Management Services Bureau / Division of Revenue and Enterprise Services (RMS/DORES), formerly known as the Division of Archives and Records Management (DARM), to encourage the promulgation of a retention policy for text messages sent and received in the course of government business, similar to the existing guidance for email communications.

In 2016, NJFOG worked with Jersey City-based tech group Code for JC, a chapter of Code for America Brigade, on a project aimed at increasing access to civil court records.

Released in March 2016 a study of compliance with the 2013 Online Transparency Law applicable to the state’s local authorities. The study, a follow-up to the NJ Comptroller’s 2011 report that spurred the legislation, showed that there is widespread non-compliance and emphasized the need for statutory reform and stronger enforcement.

Joined forces with partner organizations — NJPA, SPJ-NJ, ACLU-NJ, and others — to ensure that strong enforcement and access provisions are included in pending OPRA and OPMA reform legislation, and we’re working collectively with the bill sponsors to gain passage of these bills.

Present training programs on the OPRA and OPMA for both the public and government officials. NJFOG hosted or co-hosted OPRA/OPMA public forums in June 2017 (Southampton Twp., NJ), March 2017 (Bellmawr Borough, NJ), September 2016 (Perth Amboy, NJ), April 2016 (Cranford, NJ), March 2016 (Belleville Twp., NJ), and March 2014 (Clementon, NJ). NJFOG has also spoken before numerous groups, including the Buena Borough Council in May 2017, NJ NAHRO (National Association of Housing and Redevelopment Officials) in November 2015, the Ridgewood Chapter of the League of Women Voters in February 2015, and community group Education Focused (Chatham, NJ) in May 2015.

Filed an amicus brief in Feb. 2016 with the New Jersey Supreme Court in the case of “North Jersey Media v. Lyndhurst” in support of public access to law enforcement records, a matter of significant public interest. NJFOG’s statement on the Court’s July 11, 2017 decision can be found here.

Requested in Dec. 2015 that the Government Records Council (GRC) take a more active role in how OPRA requests are handled and better serve the public by providing advice to records custodians. Though some feel the legislature intended the GRC to have this function, the GRC opined it is not authorized to intervene pre-complaint.

Petitioned the State Local Finance Board in Oct. 2015 for rule changes to improve the handling of ethics complaints filed against local government officials. NJFOG sought time limits on investigations and public disclosure sooner in the process, among its requests. While the Board declined to make changes, our petition increased awareness of the shortcomings in the current system.

Assisted non-profit organization Unchained at Last to draft and gain passage of legislation that provided crime victims cost-free access to their own records and established that a victim’s request for those records is not public information. The new law took effect Nov. 1, 2014.

Collaborated with partner organizations — including Tri-State Transportation Campaign, Reinvent Albany, and others — to promote passage of legislation that would improve public records and meetings access for the Port Authority of NY and NJ (PANYNJ). Effective in June 2015, a new law brought the PANYNJ under the Open Public Records statutes of both New York and New Jersey; and in June 2017 the NJ Legislature passed a resolution to clarify the intent of the 2015 records law to help improve application and compliance. Legislation addressing broad reform at PANYNJ, including public meeting provisions, is pending.

Testified numerous times before NJ Senate and Assembly Committees on bills that concern public records and meetings access. NJFOG commentary has resulted in improved legislation in many cases.

Helped lead a diverse coalition of civic, environmental and journalism groups that successfully lobbied for passage of the Open Public Records Act (OPRA). The Act, signed into law in January 2002, significantly broadened public access to government records in New Jersey.

Testified before the NJ Privacy Study Commission on privacy proposals that could have undermined the effectiveness of OPRA without providing significant benefits to the public.

Argued successfully against excessively broad homeland security regulations proposed by the State Attorney General’s Office that would have prevented the public from learning about workplace and neighborhood chemical hazards and other matters of significant public impact – while not providing genuine security from terrorism.

Hosted the annual conference of the National Freedom of Information Coalition (NFOIC) in 2004.

Organized a statewide conference on the needs to upgrade NJ’s outmoded 30-year-old Open Public Meetings Law (Sunshine Act). Participate each year in National Sunshine Week (the week including March 16) by hosting NJ events that focus on open government issues.

Sponsored and released in 2007 a detailed independent report by international open government expert Mitchell Pearlman on how to improve inadequate enforcement of OPRA by the GRC.

Sponsored and released in 2007 a comprehensive independent report by Rutgers researchers on the effectiveness of NJ’s OPMA law compared to other states.

Established this website, which is designed to serve as a statewide resource for those interested in using and expanding their rights to access government records and meetings in NJ and beyond.